HONORABLE MAYOR AND COUNCIL. CHUCK STROME, CITY MANAGvd AMBULANCECONTRACT ~

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1 Charles B. Strome III City Manager (914) North Avenue New Rochelle, NY Fax: (9/4) City of New Rochelle New York /.:l-. May 12,2016 TO: FROM: SUBJECT: HONORABLE MAYOR AND COUNCIL CHUCK STROME, CITY MANAGvd AMBULANCECONTRACT ~ As you know, earlier this year the City executed an emergency contract with Empress Emergency Medical Services to provide ambulance service to the City. This action came as a result of the City's previous ambulance contractor, Transcare, no longer being able to provide the service to the City. The emergency contract has been extended once. Following the award of the emergency contract, the City undertook a Request For Proposals (RFP) process for the awarding of a new emergency ambulance contract. The RFP was issued on january 16, 2016 and we received four proposals. Two of the proposals, one from Hunter Ambulance and the other from AMR Rural/Metro were deemed insufficient because those companies are not currently certified to provide service in our region. Two proposals were deemed valid, one from Empress Emergency Services and one from Senior Care Emergency Medical Services. Responders to the RFP were asked to provide four options in their proposals: Option #1: Option #2: Option #3: Option #4: Provision of service to the entire City. Provision of service to the City excepting the area north of Stratton Road Provision of service to the City excepting the area north of Quaker Ridge Road Provision of service to the City, including the Town of Pelham. If the City were to choose Option #2 or Option #3, it was understood that the City would enter into a separate agreement with the Scarsdale Volunteer Ambulance Corps to provide service to the areas of the City not covered by the contract. A comparison of the proposals from the two qualified providers is included in the following table: COMPANY Empress Senior Care OPTION 1 COST $590,000 annually $1,050,000 annually OPTION 2 COST $700,000 annually No cost provided OPTION 3 COST $770,000 annually No cost provided OPTION 4 COST No cost provided No cost provided RECOMMENDATION; The City is considering Option #1 and Option #2 and additional information needs to be analyzed to determine if Option #2 is recommended. However, a permanent contract needs to be executed so it is recommended that the City Council adopt a resolution authorizing the City Manager to enter into a contract with Empress Ambulance for Option #1 at a cost of $590,000. The contract should include a provision allowing the City to switch to Option #2 at its sole discretion. The contract will be for a term of three (3) years.

2 City of New Rochelle, N.Y. Dist Member Yeas Nays Abstain Introduced On: 1SI Trangucci 3/r?l!~ Introduced By: 2nd Tarantino Held: 3"' Rice Adopted: 4" Hyden No. 5" Fertel Moved: {and} Seconded: 6111 Fried Mayor Bramson Absent A roved As To Form: SUBJECT } OR TITLE RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH EMPRESS AMBULANCE SERVICE, INC. TO PROVIDE EMERGENCY MEDICAL (AMBULANCE) SERVICES. WHEREAS, following the termination of the contract with its former ambulance provider, the City issued a Request for Proposals to replace this important service; and WHEREAS, four (4) proposals were received and reviewed and Empress Ambulance Service, Inc. was determined to be the company best suited to provide services to the City; now, therefore BE IT RESOLVED by the Council of the City of New Rochelle: The City Manager is hereby authorized to enter into a contract with Empress Ambulance Service, Inc. to provide emergency medical (ambulance) services to the City of New Rochelle, on the general terms and conditions set forth in the RFP, and upon such other terms and conditions as shall be satisfactory to the City Manager and approved by the Corporation Counsel: 1. The term shall be three (3) years. 2. The annual fee for City-wide service shall be $590, The fee shall include a manual stretcher with an option for a power lift at an additional cost. 4. During the term of the contract, the City may elect to remove from the service area, the portion of the City north of Stratton Road (at an additional cost of $1 10,000 annually). Authenticated and certified this - ~;;2-)-J (,_w~ Mayor City Clerk

3 Charles B. Strome Ill City Manager (914) North Avenue New Rochelle, NY Fax: (914) City of New Rochelle New York May 13, 2016 TO: HONORABLE MAYOR AND COUNCIL FROM: SUBJECT: CHUCK STROME, CITY MANAGEd SCHOOLCROS~NGGUARDS ~ For many years the City has provided School Crossing Guards at various locations throughout the City. Currently we maintain 17 daily school crossings. The Crossing Guards cover their posts Monday through Friday (on school days) from 7:45AM to 9:00AM and from 2:30PM to 3:45PM. The program is managed by the New Rochelle Police Department In recent years, the City has experienced staffing difficulties with this program. It has become increasingly difficult to find individuals to apply for and accept the crossing guard positions. We have also tried to hire daily crossing guards to fill in when there are absences from work for the regular crossing guards. Those positions have been difficult to fill as well. As a result, the Police Department is required to fill posts with Community Service Officers and Police Officers when the regular crossing guards are out This takes the CSO's and Police Officers away from their regular duties during the times they are covering school crossings. This situation occurs approximately 17% of the time. The contract between the City and the Crossing Guards Union expired December 31, As the problems described above have continued through the current school year (2015/2016), staff decided to investigate alternatives to the program. As a result, we issued a Request For Proposals from private companies that provide this service earlier this year. The City received one proposal, from All City Management Services. Under their proposal, the company would be responsible for managing the program and providing coverage at all 17 crossings with a professionally managed program which includes on-going crossing guard training. The program would relieve the Police Department of managing the program and covering crossing vacancies with other personnel. The proposed contract for years one and two (2016/2017 and 2017 /2018) would be $232,560 and the contract for year three (2018/2019) would be $237,533. This cost is similar to the amount the City currently expends on the Crossing Guard Program RECOMMENDATION: Given the information above, it is recommended that City Council adopt a resolution authorizing the City Manager to enter into a three year contract with All City Management Services for the provision of the City's School Crossing Guard Program.

4 City of New Rochelle, N.Y. Introduced On: sf11 j /(, Dis! 1" Member Trangucci Introduced By: 2nd Tarantino Held: 3"1 Rice Adopted: 4" Hyden No. 5" Fertel Moved: {and) Seconded: 6 11> Fried Mayor Bramson Yeas Nays Abstain Absent A roved As To Form: SUBJECT } OR TITLE RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ALL CITY MANAGEMENT SERVICES FOR THE PROVISION OF THE CITY'S SCHOOL CROSSING GUARD PROGRAM. WHEREAS, for many years the City has provided School Crossing Guards at 17 locations throughout the City from 7:45 to 9 a.m. and 2:30 to 3:45 p.m. Monday through Friday (on school days); and WHEREAS, the program is managed by the New Rochelle Police Department; and WHEREAS, in recent years, the City has experienced staffing difficulties with this program as it has become increasingly difficult to find individuals to apply' for and accept the crossing guard positions, as well as hiring daily crossing guards to fill in when there are absences from work for the regular crossing guards; and WHEREAS, as a result, the Police Department is required to fill posts with Community Service Officers (CSO's) and Police Officers when the regular crossing guards are absent, which takes the CSO's and Police Officers away from their regular duties during the times they are covering school crossings (approximately 17% of the time); and WHEREAS, the contract between the City and the Crossing Guards Union expired December 31, 2015; and WHEREAS, City staff decided to investigate alternatives to the program, and the City issued a Request For Proposals from private companies that provide this service; and WHEREAS, the City received one proposal from All City Management Services, and staff determined that the company is well suited to provide services to the City; now, therefore BE IT RESOLVED by the Council of the City of New Rochelle: The City Manager is hereby authorized to enter into a contract with All City Management Services for the provision of the City's School Crossing Guard Program, on the general terms Authenticated and certified this Mayor _ dayof 20_ City Clerk ~/13,1\o

5 and conditions set forth in the RFP, and upon such other terms and conditions as shall be satisfactory to the City Manager and approved by the Corporation Counsel: 1. The term shall be three (3) years. 2. The annual cost for years one and two ( and ) shall be $232,560; the annual cost for year three ( ) shall be $237, All City Management Services shall be responsible for providing coverage at all 17 crossings with a professionally managed program which includes ongoing crossing guard training.

6 City of New Rochelle Department of Development TO: THRU: FROM: DATE: SUBJECT: HONORABLE OR AND CI1Y COUNCIL, CI1Y MANAGr:.{J/ MMISSIONER OF ~/velopment It is the City's intention to expand ad improve our operations at the Department of Public Works Leaf Disposal Facility, presently located at 85 Beechwood Avenue. In order to maximize utilization of this City-owned site, the City may seek to negotiate the acquisition of adjacent properties to accommodate additional uses. The following parcels arc included in the acquisition needs: 21 Second Street (Section 2 Block 693 Lot 34) Webster Ave Qarson) Triangle (Section 2 Block 693 Lot 45) The City will attempt to acquire these parcels tluough private negotiations and acquisition. However, it may be necessary for the City to acquire some or all of the properties tluough the eminent domain process. Accordingly, City staff is recommending that the City Council initiate proceedings under the New York State Eminent Domain Procedure Law ("EDPL") to acquire the properties in connection with the expansion and improvement of the DPW Leaf Disposal Facility site. This initial procedure under EDPL will provide the City access to inspect the aforementioned properties in order to conduct additional reviews of the proposed facility as required by law. Recommendation: It is recommended by City staff that the City Council adopt the attached Resolution authorizing the City to initiate proceedings under the NYS EDPL to acquire the properties in connection with the proposed facility expansion.

7 City of New Rochelle, N.Y. Dis! Member Introduced On: o/t1/lp 1" Trangucci Introduced By: 2nd Tarantino Held: Jrd Rice Adopted: 4" Hyden No. Stt> Fertel Moved: {and} Seconded: 61h Mayor Fried Bramson Yeas Nays Abstain Absent A roved As To Form: SUBJECT } OR TITLE RESOL TION OF THE CITY COUNCIL INITIATING PROCEEDINGS UNDER THE NEW YORK STATE EMINENT DOMAIN PROCEDURE LAW FOR ACQUIRING PROPERTY IN CONNECTION WITH THE BEECHWOOD A VENUE DEPARTMENT OF PUBLIC WORKS LEAF DISPOSAL FACILITY (85 BEECHWOOD AVENUE). WHEREAS, the City of New Rochelle ("City") proposes to expand and improve its operations at the Department of Public Works Leaf Disposal Facility, presently located at 85 Beechwood Avenue); and WHEREAS, in order to maximize utilization of this City-owned site, the City intends to negotiate the acquisition of adjacent properties to accommodate additional uses; and WHEREAS, the following parcels are included in the acquisition needs: 21 Second Street (Section 2 Block 693 Lot 34) Webster Ave (Jarson) Triangle (Section 2 Block 693 Lot 45); and WHEREAS, the City will attempt to acquire these parcels through private negotiations and acquisition; however, it may be necessary for the City to acquire some or all of the properties through the eminent domain process; now, therefore, BE IT RESOLVED, that City Staff is authorized to commence the process for acquiring the identified properties pursuant to good-faith negotiation or under authority granted by the EDPL, including undertaking all lawful procedures regarding prevesting discovery pursuant to EDPL Section 302, and by entering upon such properties for the purpose of making surveys, test pits and borings, and other such investigations as City Staff deem necessary, pursuant to EDPL Section 404; and BE IT FURTHER RESOLVED, that the actions authorized hereunder are preliminary actions, and do not commit the City to a final course of action; and Authenticated and certified this _ d~~ -~z.,-,1~- 'ojlj Mayor City Clerk

8 :5' "-f pi. ;;..o, L, BE IT FURTHER RESOLVED, that the City shall make every reasonable and expeditious effort to justly compensate the owners of the identified properties by consensual negotiation and agreement; and BE IT FURTHER RESOLVED, that City Staff is directed to commence analysis to assist the City Council in determining whether the acquisition of the identified properties poses any significant adverse impact pursuant to SEQRA and its implementing regulations.

9 City of New Rochelle Department of Development TO: THRU: FROM: YOR AND CI1Y COUNCIL, I, CI1Y MANAGEd 1MISSIONER OF D~VELOPMENT DATE: May1 SUBJECT: conomic Opportunity and Nondiscrimination of New Rochelle Background: Recognizing the significant job opporturutles that will likely be generated by the redevelopment of Downtown New Rochelle and increasing development around the City, City Council determined the need to bolster its policy on Economic Opportunity and Nondiscrimination to ensure that City residents and historically underrepresented communities have access to these opportunities. Therefore, on March 15, 2016 the City Council adopted a resolution establishing a new Economic Opportunity and Nondiscrimination Policy for the City, repealing and replacing Resolution No. 205 of ~: The new policy strengthens and updates the 1996 Resolution No. 205 in a number of ways, particularly in that it calls for specific and workable commitments based on best practices from around the country. Furthermore, it establishes hiring requirements in nonconstruction jobs for the fust time. However, missing from the new policy is the requirement included in Resolution No. 205 for contracts to necessitate the submission of regular utilization reports with certified payroll sheets. Recommendation: It is the recommendation of the Department of Development to amend the Economic Opportunity and Nondiscrimination Policy to include the requirement, in both construction and service contracts, for the submission of regular utilization reports with certified payroll sheets.

10 City of New Rochelle Resolution no. Resolution Establishing an Economic Opportunity and Nondiscrimination Policy for the City of New Rochelle. BE IT RESOLVED by the Council of the City of New Rochelle: There is hereby established, an Economic Opportunity and Nondiscrimination Policy for the City of New Rochelle, applicable to City-awarded contracts and specified economic development projects, as follows. This Resolution replaces 1996 City Resolution no. 205, which is hereby repealed. I. Introduction. A. Intent. The City of New Rochelle finds and determines that contracts awarded by the City, and economic development projects supported by the City or benefitting from zoning enhancements, provide a crucial opportunity for advancing City policy objectives, including targeting employment and business opportunities. In addition, prohibiting barriers to employment and invidious discrimination in Citysupported contracts and projects is an important goal of the City in its expenditures and economic development activities. B. Definitions. The following terms shall have the following meanings in this Policy: "City" shall mean the City of New Rochelle. "City Contract" shall mean a contract awarded by the City of New Rochelle, or a subcontract thereunder. "Construction Contractor" shall mean a business performing construction work, or subcontracting to another entity to perform construction work, in furtherance of a City Contract or in construction of a Public-Private Project. "Construction Contractor" includes Prime Contractors. "Developer" shall mean a developer of a Public-Private Project. "Employer" shall mean a business employing at least five individuals to work either in fulfillment of a City Contract, or on-site within a Public-Private Project. "Employer" does not include construction contractors.

11 "First Source Center" shall mean a source designated by the City for prompt referral of qualified and/or trained workers to Construction Contractors and Employers, for purposes of this Policy. "M!WBE" shall mean a business concern that is at least 51 % owned by one or more individuals who are African American, Hispanic American, Native American, Asian Pacific American or Asian-Indian American, or female; and whose management and daily business operations are controlled by one or more of these owners. "Opportunity Youth" shall mean New Rochelle residents between the ages of 16 and 24 who are unemployed or underemployed. "Prime Contractor" shall mean a Construction Contractor that is party to a City Contract, or a prime contractor retained to perform construction work on a Public-Private Project. "Public-Private Project" shall mean a development project (i) that receives financial aid, assistance, or funding from the City, including any public financing or contribution, such as loans, Joan guarantees, tax credits, tax abatements, or infrastructure construction; (ii) for which the City is transferring ownership of or leasing right to occupy any real property, including rights-of-way or street vacation, whether at or below market rate; (iii) for which the City is entering into a development agreement or similar agreement; (iv) for which a developer has opted into the Downtown Overlay Zone; or (v) for which the City includes compliance with this Policy a term or condition of a voluntarily negotiated agreement, requested discretionary permit, or requested legislative action. "Subscribing Employer" shall mean a Construction Contractor that employs an apprentice in accordance with the standards of apprenticeship through agreement with an apprenticeship program registered with the New York State Department of Labor. "Targeted Worker" shall mean a qualified and/or trained worker referred to a Construction Contractor or Employer by the First Source Center, either for the currently available position, or for any position within the previous twelve months. II. Employment and Training Opportunities. A. Construction Employment. 1. Hiring Procedures. Each Construction Contractor shall take the following steps in the following order, in an effort to employ Targeted Workers to perform at least 20% of the work hours on the project or contract. Step One: Utilize the Construction Contractor' s discretion to assign to perform project work to any current employees who are Targeted Workers;

12 Step Two: If the Construction Contractor utilizes a union hiring hall to retain workers, utilize name call, rehire, similar procedures in the relevant collective bargaining agreement, and an explicit request, to retain Targeted Workers; Step Three: If the above steps have not enabled employment of Targeted Workers to perform at least 20% of the work hours on the project or contract, request referral of Targeted Workers from the First Source Center; and Step Four: Reasonably consider workers that have been referred by the First Source Center within five business days of request therefor. If the Construction Contractor has not filled available jobs with Targeted Workers through the steps set forth above, it may recruit and hire workers through any mechanism, and shall continue to reasonably consider workers that have been referred by the First Source Center for up to fifteen days after initial notification. Employers that need to hire on an emergency basis in order to maintain operations may hire from any source immediately, but still shall notify the First Source Center about available positions, and reasonably consider any candidates referred before hiring is complete. 2. New Apprentice Employment Requirements for Prime Contractors. For each 20,000 construction work hours performed by a Prime Contractor and its subcontractors of any tier, such Prime Contractor and/its subcontractors of any tier shall act as a Subscribing Employer for at least one individual newly enrolled as an apprentice in an apprenticeship program registered with the New York State Department of Labor, and employ such new apprentice for an aggregate total of at least one thousand 1,000 hours of work on the prime contract or subcontracts. B. Non-construction Employment. Each Employer shall undertake the following steps in the following order, in an effort to hire Targeted Workers to fill at least 25% of available jobs on the project or contract. Step One: Notification of Job Opportunities. When an Employer has an opening for an on-site job available, the Employer shall notify the First Source Center of the job opening and provide a description of job responsibilities and qualifications. Job qualifications shall be limited to qualifications directly related to performance of job duties. Step Two: Consideration of Targeted Workers. The Employer shall then use standard hiring practices, including interviews, to consider all Targeted Workers referred by the First Source Center and meeting the qualifications described in the referral request during a five-day period after initial notification, or until all open on-site jobs are filled, whichever is sooner. The Employer shall make good faith efforts to fill all available on-site jobs with Targeted Workers. If at the conclusion of the five-day period the Employer has been unable to fill all openings for on-site jobs with Targeted Workers, the Employer may use other recruitment methods. Employers that need to hire on an emergency basis in order to maintain operations may hire from any source

13 immediately, but still shall notify the First Source Center about available positions, and reasonably consider any candidates referred before hiring is complete. C. Hiring Discretion. Nothing in this Policy requires that any Construction Contractor or Employer hire any particular individual; each Construction Contractor shall have the sole discretion judge the qualification of and to hire or decline to hire any individual referred by the First Source Center or any other source. In order to improve the First Source system and the City' s job training pipeline, each Employer that declines to hire all First Source referrals for an available position shall provide to the First Source Center a written account of reasons for rejecting such candidates. D. First Source Center. 1. Role and Responsibilities. The City shall designate a First Source Center, which shall refer qualified and/or trained workers to employers pursuant to this Policy. The First Source Center shall coordinate referrals from multiple sources in and around New Rochelle. Referrals of workers to employers under this policy shall include available information on candidates, including background, qualifications, contact information, relevant training or skills, and resumes and references. 2. Outreach and Recruitment. The First Source Center shall concentrate outreach and recruitment on New Rochelle residents, and shall coordinate with referral and workforce development sources serving New Rochelle residents. 3. Prioritization of Opportunity Youth. In making referrals to employers, the First Source Center shall prioritize referrals of Opportunity Youth, where such candidates meet employer qualifications. III. Business Opportunities. A. Construction Contracts. 1. Prime Contracting. The City and each Developer shall have a goal of awarding at least 1 0% of prime contracts for construction work, including trucking services, to businesses based in the City. The City and the Developer shall make affirmative efforts to provide outreach to MIWBEs, including notification of bidding opportunities to a list of sources provided by the City, responsive communications with M/WBEs that express interest in bidding, and full and fair considerations of bids submitted by MIWBEs. 2. Subcontracting. Each Prime Contractor shall have a goal of awarding at least 20% of the dollar value of subcontracts for construction work, including trucking services, to businesses based in the City. Each Prime Contractor shall make affirmative efforts to provide outreach to MIWBEs, including notification of bidding opportunities to a list of sources provided by the City, responsive communications with MIWBEs that

14 express interest in bidding, and full and fair considerations of bids submitted by M/WBEs. 3. Contracts and sub-contracts for construction shall include the requirement to submit quarterly utilization reports in a form provided by the City indicating the number and percentage of Targeted Workers and MIWBEs employed at a job site, with certified payroll sheets listing employees' bi-weekly payroll. B. Service Contracts. The City, each Developer, Employers, and management entities operating portions of Public-Private Projects shall have a goal of awarding at least 20% of the dollar value of service contracts (not including construction contracts) to be performed on-site at the project to businesses based in the City. Entities awarding service contracts shall make affirmative efforts to provide outreach to M/WBEs, including notification of bidding opportunities to a list of sources provided by the City, responsive communications with M/WBEs that express interest in bidding, and full and fair considerations of bids submitted by M/WBEs. 1. Service contracts shall include the requirement to submit quarterly utilization reports in a form provided by the City indicating the number and percentage of Targeted Workers and M/WBEs employed on Public-Private Projects, with certified payroll sheets listing employees' bi-weekly payroll. IV. Implementation. A. Application. This Policy applies to and shall be incorporated into all City Contracts and into contracts between the City and Developers related to Public Private Projects. When parties referenced in this Policy engage subcontractors, tenants, and other parties to operate in Public-Private Projects or as participants in fulfillment of City Contracts, this Policy shall be incorporated by reference into relevant contracts as a material term, enforceable by the City as a third-party beneficiary. B. Monitoring. All parties with responsibilities under this Policy agree to provide information requested by the City as necessary to determine compliance with this Policy. Developers, Prime Contractors, and Employers shall provide annual public reports regarding compliance with this Policy. The City shall make available to the public in electronic format all such reports. C. Enforcement. Developers, Construction Contractors, and Employers are subject to liquidated damages in cases of noncompliance with this Policy. The City Manager shall release a schedule ofliquidated damages pertaining to particular violations of this Policy. When this Policy is included as a term of a contract, it incorporates by reference the most recently released version of the liquidated damages schedule, and any other Policy clarifications released by the City. Liquidated damages shall be assessed by the City only in cases of sustained, material noncompliance, and after notice and opportunity to correct. Developers, Construction Contractors, and Employers also agree to remedies of specific performance and other contractual or equitable remedies related to

15 compliance with this Policy. The liquidated damages schedule shall contain procedures relating to notice and opportunity to cure, and an appeals process in cases of assessment of liquidated damages. The City Manager may revise the liquidated damages schedule and other Policy clarifications over time, in light of implementation experience, with the goal of fostering successful implementation of this Policy without an adversarial or punitive approach. D. Severability. If any provision of this Policy or any application thereof to any person or circumstances is held invalid by final judgment of any court of competent jurisdiction, such invalidity shall not affect other provisions or application of this Policy, which can be given effect without the invalid provision or application, and to this end the provisions of this Policy are declared to be severable. V. Nondiscrimination Policy. The City and each Construction Contractor, Employer, and Developer shall refrain from discrimination or harassment based on race, ethnicity, national origin, gender, sexual orientation, age, religion, disability, veteran status, or any other basis prohibited by law, in all activities in furtherance of or on site of work performed in relation to a City Contract or a Public-Private Project. Such entities shall take active steps to ensure that all activities related to City Contracts and Public-Private Projects are conducted without discrimination or harassment on these bases, by all employees and representatives.

16 City of New Rochelle, N.Y. Dist Member Yeas Nars Introduced On: 111 Trangucci Introduced By: Held: Adopted: No. Moved: {and} Seconded: 2M Tarantino " 5"' 6~ Mayor Rice Hyden Fertel Fried Bramson Abstain Absent A roved As To Form: SUBJECT } OR TITLE RESOLUTION ESTABLISHING AN ECONOMIC OPPORTUNITY AND NONDISCRIMINATION POLICY FOR THE CITY OF NEW ROCHELLE (REVISED). BE IT RESOLVED by the Council of the City of New Rochelle: There is hereby established, an Economic Opportunity and Nondiscrimination Policy for the City ofnew Rochelle, applicable to City-awarded contracts and specified economic development projects, as follows. I. Introduction. A. Intent. The City of New Rochelle finds and determines that contracts awarded by the City, and economic development projects supported by the City or benefitting from zoning enhancements, provide a crucial opportunity for advancing City policy objectives, including targeting employment and business opportunities. In addition, prohibiting barriers to employment and invidious discrimination in Citysupported contracts and projects is an important goal of the City in its expenditures and economic development activities. B. Definitions. The following terms shall have the following meanings in this Policy: "City" shall mean the City of New Rochelle. "City Contract" shall mean a contract awarded by the City of New Rochelle, or a subcontract thereunder. "Construction Contractor" shall mean a business performing construction work, or subcontracting to another entity to perform construction work, in furtherance of a City Contract or in construction of a Public-Private Project. "Construction Contractor" includes Prime Contractors. "Developer" shall mean a developer of a Public-Private Project. Authenticated and certified this -~;::,~,-~--- 20r City Mayor Clerk

17 "Employer" shall mean a business employing at least five individuals to work either in fulfillment of a City Contract, or on-site within a Public-Private Project. "Employer" does not include construction contractors. "First Source Center" shall mean a source designated by the City for prompt referral of qualified and/or trained workers to Construction Contractors and Employers, for purposes of this Policy. "M!WBE" shall mean a business concern that is at least 51% owned by one or more individuals who are African American, Hispanic American, Native American, Asian Pacific American or Asian-Indian American, or female; and whose management and daily business operations are controlled by one or more of these owners. "Opportunity Youth" shall mean New Rochelle residents between the ages of 16 and 24 who are unemployed or underemployed. "Prime Contractor" shall mean a Construction Contractor that is party to a City Contract, or a prime contractor retained to perform construction work on a Public-Private Project. "Public-Private Project" shall mean a development project (i) that receives financial aid, assistance, or funding from the City, including any public financing or contribution, such as loans, loan guarantees, tax credits, tax abatements, or infrastructure construction; (ii) for which the City is transferring ownership of or leasing right to occupy any real property, including rights-of-way or street vacation, whether at or below market rate; (iii) for which the City is entering into a development agreement or similar agreement; (iv) for which a developer has opted into the Downtown Overlay Zone; or (v) for which the City includes compliance with this Policy a term or condition of a voluntarily negotiated agreement, requested discretionary permit, or requested legislative action. "Subscribing Employer" shall mean a Construction Contractor that employs an apprentice in accordance with the standards of apprenticeship through agreement with an apprenticeship program registered with the New York State Department of Labor. "Targeted Worker" shall mean a qualified and/or trained worker referred to a Construction Contractor or Employer by the First Source Center, either for the currently available position, or for any position within the previous twelve months. II. Employment and Training Opportunities. A. Construction Employment. 1. Hiring Procedures. Each Construction Contractor shall take the following steps in the following order, in an effort to employ Targeted Workers to perform at least 20% of the work hours on the project or contract.

18 Step One: Utilize the Construction Contractor's discretion to assign to perform project work to any current employees who are Targeted Workers; Step Two: If the Construction Contractor utilizes a union hiring hall to retain workers, utilize name call, rehire, similar procedures in the relevant collective bargaining agreement, and an explicit request, to retain Targeted Workers; Step Three: If the above steps have not enabled employment of Targeted Workers to perform at least 20% of the work hours on the project or contract, request referral of Targeted Workers from the First Source Center; and Step Four: Reasonably consider workers that have been referred by the First Source Center within five business days of request therefor. If the Construction Contractor has not filled available jobs with Targeted Workers through the steps set forth above, it may recruit and hire workers through any mechanism, and shall continue to reasonably consider workers that have been referred by the First Source Center for up to fifteen days after initial notification. Employers that need to hire on an emergency basis in order to maintain operations may hire from any source immediately, but still shall notify the First Source Center about available positions, and reasonably consider any candidates referred before hiring is complete. 2. New Apprentice Employment Requirements for Prime Contractors. For each 20,000 construction work hours performed by a Prime Contractor and its subcontractors of any tier, such Prime Contractor andlits subcontractors of any tier shall act as a Subscribing Employer for at least one individual newly enrolled as an apprentice in an apprenticeship program registered with the New York State Department of Labor, and employ such new apprentice for an aggregate total of at least one thousand I,000 hours of work on the prime contract or subcontracts. B. Non-construction Employment. Each Employer shall undertake the following steps in the following order, in an effort to hire Targeted Workers to fill at least 25% of available jobs on the project or contract. Step One: Notification of Job Opportunities. When an Employer has an opening for an on-site job available, the Employer shall notify the First Source Center of the job opening and provide a description of job responsibilities and qualifications. Job qualifications shall be limited to qualifications directly related to performance of job duties. Step Two: Consideration of Targeted Workers. The Employer shall then use standard hiring practices, including interviews, to consider all Targeted Workers referred by the First Source Center and meeting the qualifications described in the referral request during a five-day period after initial notification, or until all open on-site jobs are filled, whichever is sooner. The Employer shall make good faith efforts to

19 fill all available on-site jobs with Targeted Workers. If at the conclusion of the five-day period the Employer has been unable to fill all openings for on-site jobs with Targeted Workers, the Employer may use other recruitment methods. Employers that need to hire on an emergency basis in order to maintain operations may hire from any source immediately, but still shall notify the First Source Center about available positions, and reasonably consider any candidates referred before hiring is complete. C. Hiring Discretion. Nothing in this Policy requires that any Construction Contractor or Employer hire any particular individual; each Construction Contractor shall have the sole discretion judge the qualification of and to hire or decline to hire any individual referred by the First Source Center or any other source. In order to improve the First Source system and the City's job training pipeline, each Employer that declines to hire all First Source referrals for an available position shall provide to the First Source Center a written account of reasons for rejecting such candidates. D. First Source Center. 1. Role and Responsibilities. The City shall designate a First Source Center, which shall refer qualified and/or trained workers to employers pursuant to this Policy. The First Source Center shall coordinate referrals from multiple sources in and around New Rochelle. Referrals of workers to employers under this policy shall include available information on candidates, including background, qualifications, contact information, relevant training or skills, and resumes and references. 2. Outreach and Recruitment. The First Source Center shall concentrate outreach and recruitment on New Rochelle residents, and shall coordinate with referral and workforce development sources serving New Rochelle residents. 3. Prioritization of Opportunity Youth. In making referrals to employers, the First Source Center shall prioritize referrals of Opportunity Youth, where such candidates meet employer qualifications. III. Business Opportunities. A. Construction Contracts. 1. Prime Contracting. The City and each Developer shall have a goal of awarding at least 10% of prime contracts for construction work, including trucking services, to businesses based in the City. The City and the Developer shall make affirmative efforts to provide outreach to MIWBEs, including notification of bidding opportunities to a list of sources provided by the City, responsive communications with MIWBEs that express interest in bidding, and full and fair considerations of bids submitted by M/WBEs.

20 2. Subcontracting. Each Prime Contractor shall have a goal of awarding at least 20% of the dollar value of subcontracts for construction work, including trucking services, to businesses based in the City. Each Prime Contractor shall make affirmative efforts to provide outreach to MIWBEs, including notification of bidding opportunities to a list of sources provided by the City, responsive communications with M!WBEs that express interest in bidding, and full and fair considerations of bids submitted by MIWBEs. 3. Contracts and sub-contracts for construction shall include the requirement to submit quarterly utilization reports in a form provided by the City indicating the number and percentage of Targeted Workers and M/WBEs employed at a job site, with certified payroll sheets listing employees' bi-weekly payroll. B. Service Contracts. The City, each Developer, Employers, and management entities operating portions of Public-Private Projects shall have a goal of awarding at least 20% of the dollar value of service contracts (not including construction contracts) to be performed on-site at the project to businesses based in the City. Entities awarding service contracts shall make affirmative efforts to provide outreach to MIWBEs, including notification of bidding opportunities to a list of sources provided by the City, responsive communications with MIWBEs that express interest in bidding, and full and fair considerations of bids submitted by M/WBEs. 1. Service contracts shall include the requirement to submit quarterly utilization reports in a form provided by the City indicating the number and percentage of Targeted Workers and MIWBEs employed on Public-Private Projects, with certified payroll sheets listing employees' bi-weekly payroll. IV. Implementation. A. Application. This Policy applies to and shall be incorporated into all City Contracts and into contracts between the City and Developers related to Public-Private Projects. When parties referenced in this Policy engage subcontractors, tenants, and other parties to operate in Public-Private Projects or as participants in fulfillment of City Contracts, this Policy shall be incorporated by reference into relevant contracts as a material term, enforceable by the City as a third-party beneficiary. B. Monitoring. All parties with responsibilities under thls Policy agree to provide information requested by the City as necessary to determine compliance with this Policy. Developers, Prime Contractors, and Employers shall provide annual public reports regarding compliance with thls Policy. The City shall make available to the public in electronic format all such reports. C. Enforcement. Developers, Construction Contractors, and Employers are subject to liquidated damages in cases of noncompliance with this Policy. The City Manager shall release a schedule of liquidated damages pertaining to particular violations of this Policy. When thls Policy is included as a term of a contract, it incorporates by

21 reference the most recently released version of the liquidated damages schedule, and any other Policy clarifications released by the City. Liquidated damages shall be assessed by the City only in cases of sustained, material noncompliance, and after notice and opportunity to correct. Developers, Construction Contractors, and Employers also agree to remedies of specific performance and other contractual or equitable remedies related to compliance with this Policy. The liquidated damages schedule shall contain procedures relating to notice and opportunity to cure, and an appeals process in cases of assessment ofliquidated damages. The City Manager may revise the liquidated damages schedule and other Policy clarifications over time, in light of implementation experience, with the goal of fostering successful implementation of this Policy without an adversarial or punitive approach. D. Severability. If any provision of this Policy or any application thereof to any person or circumstances is held invalid by final judgment of any court of competent jurisdiction, such invalidity shall not affect other provisions or application of this Policy, which can be given effect without the invalid provision or application, and to this end the provisions of this Policy are declared to be severable. V. Nondiscrimination Policy. The City and each Construction Contractor, Employer, and Developer shall refrain from discrimination or harassment based on race, ethnicity, national origin, gender, sexual orientation, age, religion, disability, veteran status, or any other basis prohibited by Jaw, in all activities in furtherance of or on site of work performed in relation to a City Contract or a Public-Private Project. Such entities shall take active steps to ensure that all activities related to City Contracts and Public-Private Projects are conducted without discrimination or harassment on these bases, by all employees and representatives.

22 City of New RocheUe Department of Development TO: THRU: FROM: YOR AND CITY Cfl U IL II, CITY MANAGE '~''W~""'M ISS IONER OF EVELOPMENT DATE: May 1 SUBJECT: Bayard Street Spaces - Additional 24/7 Area Resident Parking Permit Background The Bayard Street Lot is located on the northern side of Bayard Street between Bayard Street and John Street. Currently, there are 31 spaces in the parking facility of which, 12 are permitted and 19 are hourly metered parking controlled by a pay station. Issue The demand for 24/7 area resident permit parking at this facility has increased since the current parking layout was implemented in Currently there is a waiting list for this parking facility and an analysis of this facility showed that metered usage is low. Recommendation In an effort to meet the greater demand for 24/7 residential permit spaces, we recommend increasing the current number of designated 24/7 area resident permit spaces from twelve (12) to twenty (20) spaces. The following changes to Section of the City Code are recommended in order to allow parking staff to accommodate the mix of permit and metered spaces using signage at this location: Section Parking Lots D. Parking is hereby permitted in metered, ticket-timed, fee-controlled or free lots, as follows: Bayard Street Lot [Added by Ord. No ; amended by Ord. No, ] Parking Shall be permitted in this lot as overflow parking to the YMCA and overnight area resident permit parking shall be permitted from 5:00p.m. to 9:00a.m. Monday through Saturday and shall be metered for daytime use with a three-hour limit at a rate of $1 per hour. [~ 24-hour [,-}area resident parking permits shall be issued in designated areas onlv upon display of a permit available from the City of New Rochelle. The rate of these permits shall be set forth in Chapter 133, Fees.

23 City of New Rochelle, N.Y. Introduced On: sf11/ /6 Introduced By: Held: Adopted: No. Dist 1" 2nd Jrd 4" 5" Member Trangucci Tarantino Rice Hyden Fertel Yeas Nays Abstain Absent Moved: {and} Seconded: 6"' Mayor Fried Bramson A roved As To Form: SUBJECT } OR TITLE ORDINANCE AMENDING SECTION , PARKING LOTS, OF CHAPTER 312, VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEW ROCHELLE (BAYARD STREET). BE IT ORDAINED by the City of New Rochelle: Section I. Section , Parking Lots, of Chapter 312, Vehicles and Traffic, of the Code of the City of New Rochelle, is hereby amended to read as follows: D. Parking is hereby permitted in metered, ticket-timed, fee-controlled or free lots, as follows: Name of Lot Bayard Street Lot Restriction Parking shall be permitted in this lot as overflow parking to the YMCA and overnight area resident permit parking shall be permitted from 5 p.m. to 9 a.m. Monday through Saturday and shall be metered for daytime use with a three- hour limit at a rate of $1 per hour. [Six) 24-hour[,) area resident parking permits shall be issued in designated areas only upon display of a permit available from the City of New Rochelle. The rate for these permits shall be as set forth in Chapter 133, Fees. Matter [bracketed) deleted. Matter underlined added. Au thenticated and certified this Mayor City Clerk